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Tea party radio ad opposes David’s retention; Shepard gives backing

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Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.

David, who was appointed to the court in 2010, has faced opposition due to his 2011 opinion in Richard L. Barnes v. State of Indiana. David wrote for a 3-2 majority that there was no right to reasonably resist unlawful residential entry by police. The Legislature reacted this year to public outcry, passing SEA 1, which said such a right does exist.

In response to the unusual opposition to a retention vote, David was authorized by the Judicial Qualifications Commission to create a website, www.justicestevendavid.com. Appellate judges typically may not campaign for retention unless they encounter active opposition.

David said in a recent interview with the Indiana Lawyer that, “It’s important to look at a person’s body of work rather than one decision.” He noted taking part in more than 150 Indiana Supreme Court decisions since his appointment, more than 30 of which he wrote.

In the tea party radio ad, an announcer says, “For hundreds of years, your home was your castle. … As a result of Justice Steven David’s opinion, your home is no longer your castle … Is Justice Steven David a judge Hoosiers want on the Indiana Supreme Court?”

The tea party website, www.indianapolisteaparty.com, says the ad is airing statewide. Representatives of Indianapolis Tea Party Corp. did not respond to messages seeking comment.

David recently published an endorsement on his website from former Indiana Chief Justice Randall Shepard, who wrote, “It is good for Indiana that Steve David hears the call of public service, and we should vote to retain him in office with confidence that we’re lucky to have him.”

Shepard also endorsed other appellate judges up for retention as well as the process that placed them on the bench. “Indiana’s system of merit appointment and retention has saved us from the sort of unseemly judicial political campaigns so visible even in the states around us. And it has promoted able people to the bench. The public’s knowledge of this fact has produced higher voter participation and higher voter approval over time,” Shepard wrote.

Also on the statewide retention ballot Tuesday are Justice Robert Rucker and Court of Appeals Judge Nancy Vaidik. Court of Appeals Judge John Baker will appear on ballots in COA District 1, 53 mostly southern and central Indiana counties excluding Delaware, Hamilton, Madison and Marion counties; and COA judges Michael Barnes and Paul Mathias will appear on ballots in District 3, 20 counties in northern Indiana.


 

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  • voters exercise their free speech rights; usual cheerleaders for democracy and free speech frown upon it
    Democracy, democracy, democracy, except when it threatens powers-that-be! If the unwashed masses dare disagree with a law decision abolishing an individual right cherished by free Enlgish and Americans since the Magna Carta, then they are "extremists." Bah!
  • Vote No to Extremisim
    I would say no extremisim should be welcomed. Not from Tea pariers, Move Oners, 99 percenters, or the 47 percenters, NOR any liberalist, conservitivist, libetarianist, greenist, socialist, communist, facist, anarchist, agnostic..ist. No one should be welcomed or have any say or opinion of those in our legal system. U scary!
  • Merit Selection
    Tea Party extremism is not welcome in our Legal System of Justice: RETAIN STEVEN DAVID

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    1. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

    2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

    3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

    4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

    5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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